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Taco Bell executive who attacks Uber driver sues for $5million

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Old 01-20-16, 08:38 PM
  #16  
SW17LS
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Originally Posted by mmarshall
First, it depends on the law firm. You'll obviously pay more at some firms, like Johnny Cochran's or F. Lee Bailey's, than you will at some local Ma-and Pa firms. Second, some law firms don't charge you anything at all unless a case is actually filed and you win it....then, of course, you pay up. Third, I am not totally clueless on the issue...I've served as a jury member on civil auto cases before in the courtroom....once also as the jury foreman.
I'm sorry Mike, but you don't know what you're talking about here. Having been on a Jury is meaningless. How many lawsuits have you been involved in personally? No defense attorney will take a case on contingency (meaning they will wait and get paid "if you win"). Attorneys take cases with a potential big payout on contingency, like personal injury cases, civil cases and lawsuits for large amounts of damages, etc. The attorney that the Taco Bell guy hired may have been on contingency...but why would a defense attorney take a case on contingency? Theres no payout...

You will not find a decent attorney for less than $300 an hour, & $300 an hour adds up quick...trust me.

This sort of thing seriously could ruin the guy...we avoid doing things in business all the time that we are perfectly within our rights to do, but we don't want to have to defend even a baseless lawsuit. I can threaten to sue you tomorrow for something that makes absolutely zero sense and it would cost you $5,000 just in the cost of sending letters back and forth...and thats without me even filing anything.

While I respect your opinion, we might just disagree on that. First (although I'm not a doctor and/or did not witness the event) the driver doesn't seem like he was significantly injured....so he can't sue for any medical bills or pain/suffering. Second, if he had an illegal camera in the car under CA law and took videos, that doesn't give him much grounds to sue, either.
The injury is meaningless. He was assaulted...he has grounds for damages. Whether or not he had an illegal camera in the car has no bearing on his right to pursue damages for the wrongful actions of the other party.
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Old 01-20-16, 08:42 PM
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The uber guy is suing the taco bell executive for assault and will definitely win. You can clearly see that guy was a moron and if that was me I would have kicked him out of my car, parked around the corner and beat him to near death. I don't play with anyone putting hands on me.
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Old 01-20-16, 09:42 PM
  #18  
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Originally Posted by SW15LS
I'm sorry Mike, but you don't know what you're talking about here. Having been on a Jury is meaningless. How many lawsuits have you been involved in personally?
That wasn't quite the question you had asked me, though, or the issue you brought up. You said that I was not aware of the high cost of defending one's self in a lawsuit....and I'm well aware of what lawyers cost. Fortunately, because of a number of reasons, I've rarely had to actually use one.


The injury is meaningless. He was assaulted...he has grounds for damages. Whether or not he had an illegal camera in the car has no bearing on his right to pursue damages for the wrongful actions of the other party.

Well, if he can prove that he actually did indeed suffer some damages, then fine....more power to him. All I can say, though, is........is good luck. The article, at least, doesn't seem to suggest much in that regard.
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Old 01-20-16, 09:47 PM
  #19  
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Call the 8's. Selino and Barnes, injury attorneys, 1-800-888-8888...
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Old 01-20-16, 10:11 PM
  #20  
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Originally Posted by mmarshall
That wasn't quite the question you had asked me, though, or the issue you brought up. You said that I was not aware of the high cost of defending one's self in a lawsuit....and I'm well aware of what lawyers cost.
....unless I'm mistaken you said that there were attorneys out there that would defend you against a lawsuit and would not collect until the case was won...which isn't the case...meaning that you weren't aware of what it costs to defend yourself against a lawsuit. This sort of case is a pay as you go kind of thing, he will have to pay a retainer and then pay his bills as he goes.

This is what you said:

Second, some law firms don't charge you anything at all unless a case is actually filed and you win it.
This is not true for this type of situation.

Being on a jury you watched the end result, the trial. The vast majority of disputes and such never make it to a court, but that doesn't mean they don't cost people a ton of money. I'm in the middle of defending myself and my company in a potential lawsuit. The person in question has no claim...but its still cost me thousands of dollars so far. Not the first time, won't be the last.

Well, if he can prove that he actually did indeed suffer some damages, then fine....more power to him. All I can say, though, is........is good luck. The article, at least, doesn't seem to suggest much in that regard.
Theres a video which clearly shows the guy being savagely attacked in an unprovoked assault from a drunk and disorderly defendant. He has damages...

Damages are not always simply reimbursement for costs.

I have no earthly idea how anybody can take the taco bell guy's side here lol

Last edited by SW17LS; 01-20-16 at 10:15 PM.
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Old 01-20-16, 11:31 PM
  #21  
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Originally Posted by Fizzboy7
Call the 8's. Selino and Barnes, injury attorneys, 1-800-888-8888...
Lmao I was just watching tv and that commercial came on just as I was looking at your comment..
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Old 01-21-16, 09:03 AM
  #22  
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lump this idiot together with the affluenza moron

Originally Posted by Fizzboy7
Call the 8's. Selino and Barnes, injury attorneys, 1-800-888-8888...
Better call Saul!

He has more connections than ever...he can hook you up with new identity and all
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Old 01-21-16, 09:41 AM
  #23  
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Originally Posted by SW15LS
Actually not necessarily. You can't just record people with video or especially audio without their consent.
I doubt it. It is his car. His own personal private property. But if you are indeed correct, I'd like to see a link to legal document/case that establishes that.
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Old 01-21-16, 12:39 PM
  #24  
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Originally Posted by chikoo
I doubt it. It is his car. His own personal private property. But if you are indeed correct, I'd like to see a link to legal document/case that establishes that.
All you have to do is google. This topic is very hot right now because of the proliferation of dash cams, etc.

We deal with it in peoples houses. I can tell you that it is also illegal to record people in your house without notifying them they are being recorded.

The key is notifying them. If you let people know they're being recorded you can record them all you want, but even in your own property you cannot record people, especially their voices, without their consent.

Just because someone enters your private property doesn't mean they loose all their legal rights.
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Old 01-21-16, 01:50 PM
  #25  
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Originally Posted by SW15LS
The key is notifying them. If you let people know they're being recorded you can record them all you want, but even in your own property you cannot record people, especially their voices, without their consent.
That's such a cop-out clause, when did legal and illegal stray away from right and wrong
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Old 01-21-16, 02:50 PM
  #26  
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Originally Posted by super51fan
That's such a cop-out clause, when did legal and illegal stray away from right and wrong
I'm not sure that it has. How is it right to be able to record somebody without them knowing that they're being recorded? How is it wrong to allow someone to record their private property after notifying people that it's being recorded?
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Old 01-21-16, 03:32 PM
  #27  
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Originally Posted by SW15LS
I'm not sure that it has. How is it right to be able to record somebody without them knowing that they're being recorded? How is it wrong to allow someone to record their private property after notifying people that it's being recorded?
You mean to say I have to let the thieves know that I will be recording them when they enter to burgle my house?

I have security cameras in my business, recorded thieves stealing, and used that as evidence for the cops to arrest and prosecute them.

I did not let the thieves know I will be recording them.

google search found this:
Generally speaking, it's legal in the United States to record surveillance video with a hidden camera in your home without the consent of the person you're recording.
http://www.brickhousesecurity.com/ca...camera+laws.do

Last edited by chikoo; 01-21-16 at 03:37 PM.
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Old 01-21-16, 04:53 PM
  #28  
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Originally Posted by SW15LS
.

I have no earthly idea how anybody can take the taco bell guy's side here lol
I'm not taking either side. I think both suits should be tossed out.
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Old 01-21-16, 05:25 PM
  #29  
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Originally Posted by chikoo
You mean to say I have to let the thieves know that I will be recording them when they enter to burgle my house?

I have security cameras in my business, recorded thieves stealing, and used that as evidence for the cops to arrest and prosecute them.

I did not let the thieves know I will be recording them.
Any attorney would tell you to post a notice saying that people are being recorded. Why do you think those notices are posted? In any event, a business is different because the person doesn't have a reasonable expectation of privacy in public.

The issue comes if you are going to use that video or audio recording as evidence. If it was obtained in an illegal manner...they won't allow it.

What is the issue with posting a notice?

And here are some excerpts from your link:

But before you place a hidden camera or nanny cam in your home, it's a good idea to research the laws in your state. For an extra measure of security, you may also want to speak to an attorney about the specific ways you plan to use your camera. And bear in mind that audio recording and video recording are two entirely different topics.
As I said before, AUDIO recordings are more problematic. The recording in question here is also an AUDIO recording.

More excerpts:

In most states, it's illegal to record hidden camera video in areas where your subjects have a reasonable expectation of privacy.
Outside the home, similar laws apply. It's generally legal to record surveillance video in public places — inside retail stores, restaurants or other places of business, for example. It's also legal to record covert video outdoors in parks, shopping malls, city streets or public squares.
The laws on audio surveillance are a bit clearer than the laws governing hidden camera surveillance. If you're planning to record a telephone call or an in-person conversation (using either a standalone audio recorder or a video camera that also captures sound), federal and state laws require that at least one of the parties consent to the recording. Currently, a majority of states allow "one-party consent." States that require two-party consent include California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Montana, Nevada, New Hampshire, Pennsylvania and Washington. (Hawaii is something of a hybrid state. It allows one-party consent for audio recordings, but it requires two-party consent if the recording device is located in a "private place.")
FYI, the case we're discussing the recording was done in Nevada, a two party consent state. This recording was an illegal audio recording because it only had the consent of one party.

So again, what I said is accurate:

Originally Posted by SW15LS
Actually not necessarily. You can't just record people with video or especially audio without their consent.
You can't necessarily record people in your property without their consent, especially audio recordings.
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Old 01-21-16, 11:47 PM
  #30  
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Just post a sign 'Smile! You are on camera!'
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